By Admin 
In India, land is not just property but also a means of identity, respect and security. Especially in rural areas, agricultural land is considered the biggest asset of the family. But women, especially daughters, have faced discrimination for a long time in terms of rights on this land. Although the law has tried from time to time to give equal rights to women, the ground reality has not changed completely even today. In many families, this thinking still persists that after the daughter gets married, she has no right on her maternal land.
After the recent decisions of the Supreme Court and the Hindu Succession (Amendment) Act, 2005, it has become clear that daughters are equally entitled to property like sons. Despite this, confusion and disputes persist due to the laws of different states regarding agricultural land. In such a situation, let us know how agricultural land is divided and how daughters get their share.
How is agricultural land divided?
Division of agricultural land is generally done in two ways. If all the legal heirs of the family (like sons, daughters, wife etc.) agree among themselves, then this is the easiest method. In this process, all the heirs together decide who will get how much share. A Partition Deed is prepared. This document is registered in the registrar office.
After this, new Khasra and Khatauni numbers are issued for different parts of the land. On the other hand, if there is no consensus in the family, then any heir or daughter can also adopt the legal path. For this: Application can be given to Tehsildar or SDM (SDO). The Revenue Department measures and divides the land or a case for partition can be filed in the civil court. The court or revenue officer ensures that every legal heir gets his due.
How do daughters get a share in agricultural land?
Daughters can get share in agricultural land through the Hindu Succession (Amendment) Act, 2005. After this law, daughters got equal rights in ancestral property from birth. The daughter became a joint heir like the son. No difference was considered between married and unmarried daughters. Apart from this, one can get share through ancestral property. An ancestral property is one which has been in existence for four or more generations, in which both sons and daughters have the right by birth. In this type of farming land, the daughter gets equal share as the son. Even if the father died before 2005, the daughter’s rights still remain.
What to do if the daughter does not get her share?
If a daughter is not being given her rights in the agricultural land, then she can demand her rights by sending a notice to all the heirs through a lawyer. You can file an application for partition with the Revenue Officer or file a suit for partition in the civil court. The Centre’s Hindu Succession Act applies to agricultural land. But many states also have different revenue laws. For example, in Uttar Pradesh, according to the Revenue Code, 2006, priority was given to unmarried daughters.
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